Omar Bennett
A constitution is a legally binding document that outlines an NGO's principles, rules, and structural details. It serves as a foundation, guiding and strengthening the organization over time. When drafting a constitution, it is essential to review similar organizations, gather input, and ensure compliance with relevant laws and regulations. Key components include the organization's name, purpose, membership criteria, board structure, meeting protocols, and asset dissolution procedures. The constitution should also be adaptable, allowing for amendments as the organization evolves. It should outline the belief system and guiding principles of the NGO, including any specific clauses required by law, such as non-discrimination policies. By studying examples and utilizing templates, an NGO can effectively create a comprehensive constitution that reflects its unique purpose and values while adhering to legal requirements.
| Characteristics | Values |
|---|---|
| Name of the organization | The official name of the NGO |
| Purpose | The reason for the NGO's existence and its mission |
| Membership | Who can become members, their rights and responsibilities, and the rules for dealing with non-financial members |
| Meetings | How many meetings, which members are required to be present, and the rules of order |
| Officers | What officers the NGO will have, how and when they are elected, what their roles and duties are, and the length of their terms |
| Amendments | How and when the constitution can be amended, and the process for doing so |
| Compliance | Compliance with local, state, and federal laws, including any specific clauses required by legal frameworks |
| Belief System | The NGO's guiding principles and moral direction |
| Structure | How the NGO is structured and governed, including the roles, responsibilities, and powers of the board, directors, management, and members |
| Asset Dissolution | The procedures for dissolving assets |
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What You'll Learn
State the NGO's name, type, and purpose
The name of the NGO is [Insert Name]. This name will be used in all publicity materials and correspondence, along with its acronym, [Insert Acronym].
[Insert Name of NGO] is a [Insert Type of NGO, e.g. "non-profit", "community-based", "incorporated association", etc.].
The purpose of [Insert Name of NGO] is to [Insert Purpose of NGO]. All activities of the NGO must be directed towards this purpose.
[Give a more detailed description of the NGO's purpose, including any relevant beliefs, values, or principles that guide the organisation. You may also want to mention the target beneficiaries of the NGO's work and any specific goals or objectives that the NGO aims to achieve.]
[It is important to ensure that the stated purpose aligns with the activities and goals of the NGO. This statement should be clear and concise, providing a strong foundation for the NGO's operations and helping to guide decision-making.]
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Outline membership requirements, rights, and withdrawal
When drafting a constitution for an NGO, it is important to outline membership requirements, rights, and withdrawal procedures.
For membership requirements, it is essential to define the eligibility criteria for becoming a member of the NGO. This can include factors such as age, location, affiliation, or interest in the NGO's cause. The criteria should be clearly stated and easily accessible to ensure that anyone interested in joining the organization can understand the requirements.
Additionally, the constitution should outline the rights of members. This includes the right to attend meetings and events, as well as any voting rights or privileges associated with membership. It is important to specify the frequency of meetings, the process for proposing and seconding motions, and the procedures for voting on decisions.
Furthermore, the constitution should address the process for withdrawing membership. Members may choose to withdraw for various reasons, and the procedure should be outlined clearly. This could include submitting a written request, completing a specific form, or attending a meeting to announce their withdrawal. It is also important to specify any consequences or implications of withdrawing from membership, such as loss of voting rights or access to certain resources.
In addition to the above, the constitution should also outline any membership fees or dues that members are expected to pay. The amount, frequency of payment, and any associated benefits or consequences of non-payment should be clearly stated.
Finally, it is crucial to include procedures for removing members from their positions or roles within the organization. This could be due to failure to perform duties, violation of the membership clause, or other justifiable reasons. The process should be fair and transparent, including providing written notification and allowing the member in question to present their case. A majority vote may be required to ultimately decide on the removal.
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Detail meeting procedures and rules of order
When drafting a constitution for an NGO, it is important to outline the rules and procedures for meetings. This includes specifying the frequency of meetings, the members required to be present, and the rules of order. Here are some detailed instructions and guidelines for detailing meeting procedures and rules of order in the constitution:
Frequency and Scheduling of Meetings:
- Specify the frequency of meetings, such as weekly, monthly, or quarterly.
- Establish a process for scheduling meetings, including setting dates, times, and durations.
- Define the procedures for calling special or emergency meetings outside of the regular schedule.
Attendance and Participation:
- Outline the members who are required or expected to attend the meetings.
- Establish any requirements or expectations for participation, such as active contribution or submission of reports.
- Address the role of guests or observers in meetings, including any restrictions or approval processes.
Meeting Procedures:
- Establish rules for conducting meetings, including the use of parliamentary procedure or Robert's Rules of Order.
- Define the roles and responsibilities of the meeting chair or moderator, including maintaining order and facilitating discussions.
- Outline the process for proposing and seconding motions, including any requirements for notice or advance submission.
- Specify the voting procedures, including eligibility to vote, types of votes (e.g., simple majority or two-thirds majority), and methods of voting (e.g., show of hands, secret ballot).
- Detail the procedures for amending or rescinding motions, including the requirements for proposing changes or bringing motions back for reconsideration.
Meeting Records and Documentation:
- Establish procedures for keeping accurate and comprehensive meeting records, including minutes and attendance sheets.
- Specify the responsibilities for taking and distributing meeting minutes, as well as any approval processes.
- Outline the procedures for handling confidential or sensitive information discussed in meetings.
Financial Reporting and Accountability:
- Detail the requirements for financial reporting at meetings, including the presentation of financial statements or budgets.
- Establish procedures for approving expenditures or financial decisions, including any thresholds or approval processes.
Meeting Conduct and Disciplinary Procedures:
- Outline the expected standards of conduct for members during meetings, including respect, decorum, and active participation.
- Establish procedures for handling disruptive behaviour or violations of the code of conduct, including warnings, removal from the meeting, or disciplinary actions.
Remember to review your constitution with stakeholders, legal counsel, and similar nonprofits for input and to ensure compliance with local, state, and federal laws. The constitution should be a living document that can be amended as your NGO evolves, but it should also provide a strong foundation for your organization's principles, operational rules, and structural details.
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Define the roles, duties, and election/removal of officers
A constitution is a legally binding document that outlines the rules, roles, duties, and restrictions of an organisation's officers, board members, directors, management, and members. It is important to define these roles and their associated powers and responsibilities clearly in the constitution.
Article 5 of a typical constitution outlines the rules on holding office, including the election and removal of officers. It should define the various officer roles within the NGO, such as chair, deputy chair, and treasurer, and explain how and when they are elected, as well as the length of their terms and any restrictions on who can hold office. For instance, it may state that any member may nominate themselves or another member, and that a simple majority vote of the quorum present at the meeting will be sufficient to elect an officer.
The constitution should also outline the process for removing officers from their positions. For instance, it may state that officers can be removed for failure to perform their duties or for violating the membership clause, and that they must be notified of the intention to vote on their removal in writing at least one week prior to the meeting. Removal would then require a higher threshold, such as a two-thirds majority vote of the quorum present at a regularly scheduled meeting.
In addition to the above, it is important to ensure that the constitution complies with local, state, and federal laws governing NGO operations. Legal frameworks may require specific clauses to be included, such as non-discrimination policies or conflict-of-interest provisions. Consulting legal experts and reviewing the constitutions of similar organisations can help ensure compliance and provide guidance on appropriate content and structure.
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Include amendment and ratification processes
A constitution for an NGO should be a clear and flexible document that guides and strengthens the organisation over time. It should outline the rules the board of directors must follow, as well as the duties and restrictions of the organisation's officers and board members. It should also detail the belief system of the organisation and its guiding principles and moral direction.
When drafting a constitution for an NGO, it is important to include amendment and ratification processes. This will ensure that the constitution remains relevant and adaptable as the organisation evolves. The amendment process should outline the steps required to make changes to the constitution, while the ratification process will confirm and validate those changes.
The amendment process should be detailed and straightforward. It should outline the specific steps required to propose and approve amendments, as well as any necessary approvals or reviews. For example, amendments may be proposed by a certain percentage of members and then approved by a majority vote at a regular meeting. It is important to specify the type of majority required, such as a simple majority or a two-thirds majority. The amendment process should also consider the timing of any votes, with notifications sent to members in advance of any meetings where votes will take place.
The ratification process will vary depending on the specific laws and regulations that govern NGOs in the relevant jurisdiction. However, it typically involves confirming that any approved amendments comply with these laws and regulations. This may include reviewing the amendments against university regulations, state laws, or federal laws, depending on the context of the NGO. It is important to seek legal advice to ensure that the ratification process is comprehensive and compliant with all applicable laws.
Once the amendment and ratification processes have been defined, they should be clearly outlined in the constitution. This will ensure that all members of the NGO are aware of the processes and can propose and approve amendments as needed. It is also important to periodically review the constitution to ensure that it remains relevant and aligned with the organisation's goals and legal requirements.
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Frequently asked questions
A constitution is a foundational legal document that outlines an NGO's principles, operational rules, and structural details. It is a legally binding set of rules that detail how the organisation will function, its main activities, and the roles and responsibilities of its members.
Key components include the NGO's name, purpose, membership requirements, board structure, meeting protocols, and asset dissolution procedures. It should also include details on how, when, and where the constitution can be amended.
Begin by reviewing the constitutions of similar organisations to understand the language and structure commonly used. You can then use a template to guide your drafting process, gathering information about your NGO as you go.
After drafting, review the document with stakeholders, including board members and legal counsel, to ensure it is comprehensive and legally compliant. Incorporate any feedback, then finalise the constitution through a formal adoption process, usually via a vote. Remember to periodically review the constitution to ensure it remains relevant and aligned with the NGO's goals and legal requirements.
